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Vanderbilt Law Review

2008

Due process

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Full-Text Articles in Law

"Brady" Obligations, Criminal Sanctions, And Solutions In A New Era Of Scrutiny, Andrew Smith Nov 2008

"Brady" Obligations, Criminal Sanctions, And Solutions In A New Era Of Scrutiny, Andrew Smith

Vanderbilt Law Review

Six days after terrorist attacks shook New York City and Washington, D.C., the FBI raided an apartment complex in a suburb of Detroit and apprehended three North African men.1 Among the men's possessions were hand-drawn sketches potentially detailing targets for terrorist attacks abroad. Four men were charged with providing material support for terrorism and document fraud and were brought to trial two years later. Richard Convertino, an assistant United States attorney with a strong track record in the DOJ, was tapped to prosecute the case and won convictions against three of the four defendants. Attorney General John Ashcroft personally and …


The Search For Due Process In Civil Commitment Hearings: How Procedural Realities Have Altered Substantive Standards, Christyne E. Ferris Apr 2008

The Search For Due Process In Civil Commitment Hearings: How Procedural Realities Have Altered Substantive Standards, Christyne E. Ferris

Vanderbilt Law Review

The civil commitment of mentally ill individuals presents the legal system with an intractable question: When should the law deprive someone of the fundamental right to liberty based on a prediction of future dangerousness? Advocates of both increased and decreased levels of civil commitment offer compelling case studies to help resolve the question. The former point to high profile events like the Virginia Tech shooting, in which mandatory incapacitation of the perpetrator at the first sign of mental illness could have prevented a senseless tragedy. The latter highlight the lives of individuals like Kenneth Donaldson, whose father had him committed …